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Bombay High CourtCA/6994/2024disposed off

Parashram Bhivaji Khade Died Thr Lrs Manjulabai Died Thr Lrs Madhukar Parashtram Khade And Others v. Narhari Shankarappa Ubale And Others

2025-04-25Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 1000 CIVIL APPLICATION NO. 6994 OF 2024 IN WP/4918/2024 Parashram Bhivaji Khade (Deceased through LRs) & others ....Applicants

VERSUS

Narhari Shankarappa Ubale & others .....Respondents .....

Mr. B. S. Kudale, Advocate for Applicants.

CORAM : R. M. JOSHI, J.

DATE : 25th APRIL, 2025.

PER COURT :

1.

None for Respondent No. 1.

2.

On the last date of hearing, time was sought by Respondent No. 1 to file reply. Inspite of granting time, no reply is filed. Hence, matter to proceed without rely of Respondent No. 1. 3.

Perusal of the application indicates that there is a specific plea raised by the Applicants about Deepak Chavan having purchased the subject property during pendency of the proceeding. It is further claimed by Applicants that on the basis of the sale-deed dated 02.02.2024, he trying to mutate his name in the record of

- 2 - ca6994.24.odt rights and he would obstruct the peaceful and lawful possession of the applicants. This contention of applicants is not resisted by Respondent No. 1.

4.

In view of the above, application stands allowed in terms of prayer clause 'B'. Amendment be carried out within a period of two weeks. If amendment is carried out, issue notice to Deepak Chavan returnable on 20.06.2025.

5.

It would be open for Deepak Chavan to cause appearance and take exception, if any, for his joining as party Respondent to the petition.

6.

Interim relief granted earlier, to continue till next date of hearing.

( R. M. JOSHI) Judge dyb